Application for a Trade Mark

To be registered as a trade mark in Hong Kong, a sign must be capable of distinguishing the goods or services of one undertaking from those of other undertakings, and be must capable of being represented graphically.

Without limitation to the generality of the above, a trade mark may consist of words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colours, sounds, smells, the shape of goods or their packaging and any combination of such signs.

2.2 What cannot be registered as a trade mark?

The Registrar can refuse to register a trade mark on absolute grounds, i.e. relating to the inherent registrability of a trade mark, or on relative grounds, i.e. for reasons connected with prior rights of third parties. More details are available in questions 3.1 and 4.1 below.

2.3 What information is needed to register a trade mark?

The following information is required:

1. Particulars of the applicant.

2. A clear specimen of the trade mark.

3. The goods and services to be protected, and the International Class(es) they fall into.

4. A statement that the trade mark is either in use in Hong Kong or is intended to be used in Hong Kong in relation to the goods and services applied for.

5. If Paris Convention or World Trade Organization priority is claimed, the particulars of the priority application.

6. Specific claims if applicable, such as: a colour claim; a claim that the trade mark is a three-dimensional mark; or a claim that the trade mark is a non-traditional trade mark.

2.4 What is the general procedure for trade mark registration?

The general procedure is as follows:

1. Filing of the application.

2. Formality examination.

3. Substantive examination.

4. Publication for opposition.

5. Registration.

2.5 How can a trade mark be adequately graphically represented?

The underlying principle is that the graphical representation of the trade mark must depict the trade mark clearly and in sufficient detail to permit a proper examination to be made, and be of a kind and quality that is suitable for reproduction and registration.

In particular, the representation of the mark must be such that: (i) it can be determined from the graphical representation what the sign is, without the need for supporting samples; (ii) the graphical representation can stand in place of the sign because it represents only the sign and no other; (iii) it is reasonably practical for anyone inspecting the register or viewing the information about the mark in the Trade Marks Registry database to understand from the graphical representation what the trade mark is; (iv) it is defined with sufficient precision to determine the rights protected against infringement; and (v) no prior knowledge of how the trade mark is in fact used is necessary.

For word marks, design marks and other visual marks, the above requirements are met by filing a specimen of the trade mark in sufficiently high resolution that all details are clearly visible.

For a mark with a colour claim, in addition to a specimen of the mark in colour, the applicant has to give a description of the colour(s) in words. It is permissible, but not mandatory, to make reference to an internationally recognised colour code.

For a three-dimensional mark, in addition to the specimen of the mark, the applicant has to give clear indication that the trade mark applied for is a three-dimensional mark.

A sound mark can be represented by a stave divided into bars and showing, in particular, a clef, musical notes and rests whose form indicates the relative value and, where necessary, accidentals, e.g. sharp (♯), flat (♭) and natural (♮). If the musical instrument used to produce the sound is an element of the mark, that should also be stated in the application.

A movement mark can be graphically represented by a series of still images in the correct sequence and the movement should be perceivable. In addition, there should be a written description stating that the mark is a movement mark and setting out precise information about the movement.

The graphical representation of a hologram mark has to depict clearly all the material features of the mark including all its various images when viewed from different angles. In addition, there should be a written description indicating that the mark applied for is a hologram and describing the multiple views of the hologram by reference to the essential features of the hologram.

2.6 How are goods and services described?

Hong Kong currently adopts the 11th edition of the Nice Classification.

An applicant is required to clearly define his goods and/or services by using terms as listed in the International Classification, or as appearing in authoritative, general and specialist dictionaries and established terms in the relevant trade.

It is permissible to state the class heading, but this does not mean protection is given to everything that falls within the class. A description such as “all goods in class …” is not acceptable.

2.7 What territories (including dependents, colonies, etc.) are or can be covered by a trade mark in your jurisdiction?

A Hong Kong trade mark registration only protects the mark in the Hong Kong SAR.

2.8 Who can own a trade mark in your jurisdiction?

Any natural or legal person can own a trade mark in Hong Kong.

2.9 Can a trade mark acquire distinctive character through use?

Yes, it can.

2.10 How long on average does registration take?

For smooth applications not encountering any complication, registration can usually be achieved within 9–12 months from filing.

2.11 What is the average cost of obtaining a trade mark in your jurisdiction?

The official fee for filing a trade mark application is currently around US$260 for the first class, and US$130 for each additional class. In addition, professional trade mark attorneys charge a fee for handling the application.

2.12 Is there more than one route to obtaining a registration in your jurisdiction?

No, there is only one route.

2.13 Is a Power of Attorney needed?

No, this is not required.

2.14 If so, does a Power of Attorney require notarisation and/or legalisation?

This is not applicable.

2.15 How is priority claimed?

Priority is claimed by providing the date, jurisdiction and application number of the priority application. The filing of an official certified copy of the priority application is not required unless specifically asked for by the Registrar of Trade Marks (for example, in a case where the priority is material to the fate of the application).

Absolute Grounds for Refusal

1. The mark is not capable of distinguishing the goods/services of one undertaking from those of other undertakings.

2. The mark is not represented graphically in a manner that meets the Registrar’s requirements.

3. The mark is devoid of any distinctive character.

4. The mark is completely descriptive.

5. The mark consists exclusively of signs that have become customary in the current language or in the honest and established practices of the trade.

6. The mark consists exclusively of the shape that results from the nature of the goods themselves, or the shape of goods that is necessary to obtain a technical result, or the shape that gives substantial value to the goods.

7. The mark is contrary to acceptable principles of morality.

8. The mark is likely to deceive the public.

9. The use of the mark is prohibited in Hong Kong by virtue of any law.

10. The application for the mark is made in bad faith.

11. The mark consists of a national or regional flag or emblem (unless there is authorisation by the relevant competent authority).

12. The mark consists of the emblem, abbreviation or name of an international intergovernmental organisation (unless there is authorisation by the relevant competent authority).

3.2 What are the ways to overcome an absolute grounds objection?

Such an objection may be overcome via the following means:

(i) Filing arguments to contest the objection.

(ii) Amending the specification of goods/services.

(iii) Adding one of the applicant’s prior registered mark to the mark to form a distinctive mark.

(iv) Filing substantial evidence of pre-application use of the mark in Hong Kong to claim acquired distinctiveness.

3.3 What is the right of appeal from a decision of refusal of registration from the Intellectual Property Office?

A decision of the Registrar of Trade Marks can be appealed to the Court.

3.4 What is the route of appeal?

The appeal is filed to the Court of First Instance, and can be further appealed to the Court of Appeal, and, subject to leave being obtained, to the Court of Final Appeal.

Relative Grounds for Refusal

The relative grounds of refusal relate to the existence of an earlier right. This may be a registration for an identical or similar trade mark, a well-known trade mark entitled to protection under the Paris Convention, or earlier rights which may be enforced by virtue of the law of passing off, copyright or registered design.

4.2 Are there ways to overcome a relative grounds objection?

It is possible to overcome an objection on relative grounds by:

1. filing arguments to contest the objection;

2. amending the specification of goods/services to avoid conflict with the earlier mark;

3. adding one of the applicant’s prior registered mark to the mark to form a mark which, considered as a whole, is distinguishable from the earlier mark;

4. filing evidence of honest concurrent use of the mark in Hong Kong;

5. obtaining written consent from the owner of the earlier mark; or

6. taking assignment of or revoking or invalidating the registration of the earlier mark.

4.3 What is the right of appeal from a decision of refusal of registration from the Intellectual Property Office?

A decision of the Registrar of Trade Marks can be appealed to the Court.

4.4 What is the route of appeal?

Appeal from a decision of the Registrar of Trade Marks lies to the Court of First Instance of the High Court. Appeal from the Court of First Instance lies to the Court of Appeal. Further appeal from the Court of Appeal lies to the Court of Final Appeal.

Registration

A certificate of registration is issued and sent to the applicant’s address for service in Hong Kong.

6.2 From which date following application do an applicant’s trade mark rights commence?

When an application proceeds to registration, the filing date of the application is deemed to be the date of registration of the trade mark.

6.3 What is the term of a trade mark?

The initial term is 10 years counting from the deemed date of registration.

6.4 How is a trade mark renewed?

A trade mark registration can be renewed by filing the requisite form and paying the requisite fee. It is not necessary to file evidence of use in support of the renewal.

Late renewal is possible within six months after a trade mark registration expires, subject to the payment of late renewal charges. If the registration is still not renewed within the said period, the registration will be removed from the Register. It is possible to apply for restoration of a removed registration within six months from the date of removal.

Registrable Transactions

Yes. Both trade mark registrations and trade mark applications can be assigned.

The particulars of the assignment can be recorded by filing the requisite form and paying the requisite fee. If the form is signed by or on behalf of the assignor, it is not necessary to file the assignment document.

7.2 Are there different types of assignment?

A trade mark registration may be assigned in whole or in part, with or without goodwill.

7.3 Can an individual register the licensing of a trade mark?

Yes. A licence can be in respect of all or some of the goods/services covered by the trade mark.

The particulars of a licence can be recorded by filing the requisite form and paying the requisite fee. If the form is signed by or on behalf of the licensor, it is not necessary to file a copy of the licence.

7.4 Are there different types of licence?

A trade mark licence can be exclusive, sole, or non-exclusive. It can be for the entire rights under the trade mark, or limited to certain goods/services, territories, trade channels, methods of exploitation or periods of time.

7.5 Can a trade mark licensee sue for infringement?

Subject to the terms of the licence, an exclusive licensee can issue infringement proceedings in his own name.

Unless provided otherwise in the licence, a non-exclusive licensee can sue for infringement in his own name if the owner of the registered mark refuses to do so or fails to do so within one month after being called on to do so.

The above rights of licensees to bring infringement proceedings apply only to licences that are recorded with the Trade Marks Registry.

7.6 Are quality control clauses necessary in a licence?

There is no legal requirement for a licence to contain a quality control clause.

7.7 Can an individual register a security interest under a trade mark?

Yes. The particulars of the security interest can be recorded by filing the requisite form and paying the requisite fee. If the form is signed by or on behalf of the grantor of the security interest, it is not necessary to file a copy of the security document.

7.8 Are there different types of security interest?

Security interests in trade marks can be in the form of a fixed charge or floating charge.

Revocation

1. The trade mark has not been genuinely used in Hong Kong by the owner or with his consent, in relation to the goods or services for which the mark is registered, for a continuous period of at least three years, and there are no valid reasons for non-use.

2. The trade mark consists of a sign that, in consequence of the acts or the inactivity of the owner, has become the common name in the trade for the relevant goods or services, or has become generally accepted within the trade as the sign that describes the relevant goods or services.

3. In consequence of the use made of it by the owner or with his consent, in relation to the goods or services for which it is registered, the trade mark is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.

4. There has been a contravention of, or a failure to observe, any condition entered in the Trade Marks Register in relation to the registration of the trade mark.

8.2 What is the procedure for revocation of a trade mark?

The main steps for revocation on the ground of non-use are as follows:

1. The applicant for revocation files an application with grounds and evidence supporting a claim of non-use.

2. The registrant files a counter-statement together with either evidence of use of the trade mark or a statement giving reasons for non-use.

3. The applicant for revocation files additional evidence (optional).

4. The parties attend a case management conference if so directed by the Registrar.

5. A hearing takes place before the Registrar.

6. A decision is issued by the Registrar.

The main steps for revocation on grounds other than non-use are as follows:

1. The applicant for revocation files application with grounds for revocation.

2. The registrant files a counter-statement.

3. The applicant for revocation files evidence in support of revocation.

4. The registrant files evidence to defend its registration, or files a statement that he does not wish to file evidence.

5. The applicant for revocation files evidence limited to replying to the registrant’s evidence (optional).

6. The parties attend a case management conference if so directed by the Registrar.

7. A hearing takes place before the Registrar.

8. A decision is issued by the Registrar.

8.3 Who can commence revocation proceedings?

An application for revocation can be filed by “any person”.

8.4 What grounds of defence can be raised to a revocation action?

The possible defence to revocation on the ground of non-use is as follows:

1. There has been genuine use of the mark in relation to the goods/services registered. In this connection:

(i) The use of a trade mark includes use in a form which differs in elements which do not alter the distinctive character of the trade mark as registered.

(ii) For trade marks registered in relation to goods, use of the mark includes use by applying the mark on goods or their packaging in Hong Kong solely for export purposes.

(iii) For trade marks registered in relation to services, use of the mark includes use in relation to services provided or to be provided outside Hong Kong.

(iv) Any commencement or resumption of use after the expiry of the relevant three-year period but within a period of three months before making the application for revocation will be disregarded unless preparations for commencement or resumption began before the registered owner became aware that the application for revocation might be made.

2. There are valid reasons for non-use. Essentially, valid reasons are confined to factors beyond the control of the owner and of a governmental nature (such as import restrictions on, or other government requirements for, the goods/services protected by the trade mark); it is unlikely that commercial disruptions would amount to valid reasons.

The defence to revocation on grounds other than non-use is that the registered owner will have to argue that the ground of revocation alleged does not apply.

8.5 What is the route of appeal from a decision of revocation?

Appeal from a decision of the Registrar of Trade Marks lies to the Court of First Instance of the High Court. Appeal from the Court of First Instance lies to the Court of Appeal. Further appeal from the Court of Appeal lies to the Court of Final Appeal.

Invalidity

A trade mark registration can be invalidated on absolute grounds, relative grounds or bad faith.

9.2 What is the procedure for invalidation of a trade mark?

The procedure is as follows:

1. The applicant for invalidation files an application with grounds of invalidation.

2. The registrant files a counter-statement.

3. The applicant for invalidation files evidence in support of the invalidation.

4. The registrant files evidence to defend its registration, or files a statement that he does not wish to file evidence.

5. The applicant for invalidation files evidence limited to replying to the registrant’s evidence (optional).

6. The parties attend a case management conference if so directed by the Registrar.

7. A hearing takes place before the Registrar.

8. A decision is issued by the Registrar.

9.3 Who can commence invalidation proceedings?

An application for declaration of invalidity can be made by “any person”.

9.4 What grounds of defence can be raised to an invalidation action?

In defence of an application for invalidation on absolute grounds, the registrant may seek to argue that the registration of his mark does not offend the absolute grounds or that, in consequence of the use which has been made of the mark, the mark has, after registration, acquired a distinctive character in relation to the goods or services for which it is registered.

In defence of an application for invalidation on relative grounds, the registrant may seek to argue that the registration of his mark does not offend the relative grounds, or that the owner of the earlier mark has consented to the registration, or that there has been honest concurrent use of the mark and the earlier mark.

In defence of an application for invalidation on the ground of bad faith, the registered owner can file arguments or evidence to rebut the allegation of bad faith.

9.5 What is the route of appeal from a decision of invalidity?

Appeal from a decision of the Registrar of Trade Marks lies to the Court of First Instance of the High Court. Appeal from the Court of First Instance lies to the Court of Appeal. Further appeal from the Court of Appeal lies to the Court of Final Appeal.

Trade Mark Enforcement

10.1 How and before what tribunals can a trade mark be enforced against an infringer?

Civil action for trade mark infringement can be brought in the District Court or the High Court of Hong Kong, depending on the size of the claim for damages.

Complaints alleging criminal liability for trade mark infringement can be filed to the Customs & Excise Department of Hong Kong. The infringer can be prosecuted before the Magistrate’s Court, District Court and High Court of Hong Kong depending on the scale of the infringement.

10.2 What are the pre-trial procedural stages and how long does it generally take for proceedings to reach trial from commencement?

A trade mark infringement action typically involves the gathering of evidence, the commencement of an action by writ, the filing of defence, discovery, a case management conference, pre-trial review and listing for trial. Court rules encourage the settlement of disputes by mediation, and there may be adverse cost consequences if a party unreasonably refuses to mediate. Hence, at any point during the process, the parties will make an attempt to settle the dispute through mediation.

10.3 Are (i) preliminary and (ii) final injunctions available and if so on what basis in each case?

Both types of injunctions are available.

For interlocutory injunction applications, the court will consider:

(i) whether there is a serious question to be tried;

(ii) the urgency of the matter warranting an injunction order before the court hears the merits of the case;

(iii) whether damages will be a sufficient remedy for the plaintiff; and

(iv) the balance of convenience.

Permanent injunctions will only be granted after trial, when the court will consider the full merits of the case.

10.4 Can a party be compelled to provide disclosure of relevant documents or materials to its adversary and if so how?

Parties to civil proceedings are obliged to exchange relevant documents in their possession, custody or control. A party may also seek a discovery order against the other party, provided that it is not a mere fishing or speculative expedition.

Privileged documents must be disclosed on discovery, but need not be made available for inspection by the other side.

A party can also seek discovery by serving interrogatories on the other party.

10.5 Are submissions or evidence presented in writing or orally and is there any potential for cross-examination of witnesses?

Submissions or evidence can be presented in writing or orally. Cross-examination of witnesses is also possible.

10.6 Can infringement proceedings be stayed pending resolution of validity in another court or the Intellectual Property Office?

In most cases, infringement and validity are dealt with by the same court and stay of proceedings is unnecessary.

10.7 After what period is a claim for trade mark infringement time-barred?

Six years from the date on which the cause of action accrued.

10.8 Are there criminal liabilities for trade mark infringement?

Under the Trade Descriptions Ordinance, a person commits an offence if he forges a trade mark, or falsely applies a trade mark resembling another trade mark, or is in possession of any instrument for forging a trade mark. The maximum penalty is a fine of HK$500,000 and imprisonment for five years.

10.9 If so, who can pursue a criminal prosecution?

The Customs & Excise Department is responsible for prosecution of offences under the Trade Descriptions Ordinance.

10.10 What, if any, are the provisions for unauthorised threats of trade mark infringement?

Where a person threatens to bring an action against another person for infringement of a registered trade mark in respect of any use other than the application of the trade mark to goods or their packaging or the supply of services under the trade mark, the person aggrieved by the threat can bring proceedings before the court seeking one or more of the following reliefs:

(i) a declaration to the effect that the threats are unjustifiable;

(ii) an injunction against the continuance of the threats; and

(iii) such damages, if any, as have been sustained by him by reason of the threats.

Defences to Infringement

11.1 What grounds of defence can be raised by way of non-infringement to a claim of trade mark infringement?

The more common defences are:

1. The sign used by the defendant is not identical or confusingly similar to the registered trade mark.

2. The defendant’s goods and services are not identical or similar to the registered goods.

3. Confusion on the part of the public is unlikely.

4. The plaintiff’s trade mark registration is invalid or should be revoked.

11.2 What grounds of defence can be raised in addition to non-infringement?

Possible grounds are:

1. The use of the defendant’s sign is consented to or acquiesced by the owner of the registered trade mark.

2. The defendant has an independent right to use the sign under dispute arising from his own trade mark registration.

3. The defendant has an independent right to use the sign under dispute arising from use of the sign by the defendant or a predecessor in title earlier than the registration or use of the plaintiff’s trade mark in Hong Kong.

4. The defendant’s sign is the name or address of the defendant or his predecessor in business, provided the defendant’s use is in accordance with honest practices in industrial and commercial matters.

5. The defendant’s sign is used to designate the kind, quality, quantity, intended purpose, value, geographical origin, time of production of goods or rendering of services, or other characteristics of goods or services, provided the defendant’s use is in accordance with honest practices in industrial and commercial matters.

6. The use of the defendant’s sign is necessary to indicate the intended purpose of goods or services (for example, as accessories or spare parts), provided the defendant’s use is in accordance with honest practices in industrial and commercial matters.

12.2 Are costs recoverable from the losing party and if so what proportion of the actual expense can be recovered?

A party that wins his case in civil court proceedings in Hong Kong will normally be able to recover a portion of his legal costs (seldom more than 70%) from the losing party. The behaviour of the parties during the proceedings and the trial may affect the proportion of the costs awarded by the court.

Border Control Measures

14.1 What is the mechanism for seizing or preventing the importation of infringing goods or services and if so how quickly are such measures resolved?

The Customs & Excise Department is responsible for the criminal sanction of violations of registered trade mark rights across the Hong Kong border. If the owner of a registered trade mark has grounds to believe that a shipment of infringing goods is about to be imported into Hong Kong, he can lodge a complaint with the Customs & Excise Department, providing sufficient evidence that his registered trade mark in Hong Kong has been infringed, and requesting a border alert.

He can also apply to the Court of First Instance for an order directing the Commissioner of Customs & Excise to take reasonable measures to seize or detain the goods on or after their importation. The court may, as a condition of making the order, require the trade mark owner to provide security in an amount sufficient to protect the importer and any other person having an interest in the goods to be detained.

Other Related Rights

15.1 To what extent are unregistered trade mark rights enforceable in your jurisdiction?

Trade marks which are not registered but which have acquired goodwill in Hong Kong may have common law rights, protectable under the tort of passing-off.

15.2 To what extent does a company name offer protection from use by a third party?

The registration of a company name prevents another company from using an identical name. It is also possible to ask the Registrar of Companies to direct a newly formed company (formed not more than 12 months) to change its name if it is “too like” the name of an existing Hong Kong company.

A company can also bring passing-off proceedings against another company with a similar name, to seek a court order that the latter change its name.

15.3 Are there any other rights that confer IP protection, for instance book title and film title rights?

There are no “book title rights” or “film title rights” in Hong Kong. However, book or film titles which meet the requirements for trade mark registration can be registered as trade marks to enjoy the statutory rights of registered trade marks. Book or film titles may also be protected by the common law tort of passing-off, provided that it meets the relevant requirements.

Domain Names

Anyone, local or foreign, can own a “.hk” or “.香港” domain name. However, only Hong Kong entities can own a “.com.hk” or “.公司.香港” domain name.

16.2 How is a domain name registered?

The “.hk”, “.香港”, “.com.hk” and “.公司.香港” domain names are registered on a first come, first served basis. The organisation designated by the Hong Kong Government to administer such domain names is the Hong Kong Internet Registration Corporation Limited (HKIRC).

16.3 What protection does a domain name afford per se?

The registration of a domain name prevents the same domain name from being registered by a third party but does not, per se, prevent the registration of a similar domain name by a third party.

Current Developments

17.1 What have been the significant developments in relation to trade marks in the last year?

The Hong Kong Government is planning to apply the Madrid Protocol to Hong Kong. Amendment of the current Trade Marks Ordinance will be necessary and it is estimated that the earliest that the Madrid Protocol will be applied to Hong Kong will be 2019.

17.2 Please list three important judgments in the trade marks and brands sphere that have issued within the last 18 months.

(i) International Hotel Investments PLC and Another v. Jet Union Development Ltd and Another (HCA1941/2015)

The Plaintiffs operate a hotel chain overseas under the brand “Corinthia”. There is no “Corinthia Hotel” in Hong Kong, but a local company has been engaged to market “Corinthia Hotels” in Hong Kong, Singapore and China.

The Defendants are developers of a residential property development in Hong Kong known as “Corinthia by the Sea”.

The Plaintiff sought an interlocutory injunction restraining the defendants from engaging in mass promotion of residential development using the English name “Corinthia”, based on the tort of passing-off and claiming that “Corinthia” is a well-known trade mark protected under the Paris Convention. It was held that while there is a serious issue to be tried as to whether the plaintiffs are famous in Hong Kong, the average consumer will know that the residential development is jointly developed by two locally well-known developers instead of a hotel group. The application for interlocutory injunction was refused.

(ii) Pandora A/S and Another v. Glamulet International Limited and Others (HCA 2941/2015)

The Plaintiffs in this case sought an interlocutory injunction against the Defendants for infringement of their copyright and their registered trade mark “PANDORA” in Hong Kong. One of the alleged infringing acts was that the first Defendant has used “PANDORA” as an AdWord on Google, and it was accepted by the court that there is a serious question to be tried that the first Defendant’s use of PANDORA as a Google AdWord adversely affects the Plaintiff’s trade mark’s function of indicating origin as well as the trade mark’s investment function, and an order was granted for a continuation of the interlocutory injunction order.

In this case, while the appeal by the Defendants was dismissed, the Final Court of Appeal nevertheless saw it necessary to discuss the issue as to whether sufficient damage for passing-off is sustained by “mere potential dilution of a trade mark” without deception or confusion of customers. After going through the relevant authorities, and particularly the Advocaat case, it was held that: “Whatever the state of the case law in England, there is no occasion in Hong Kong to introduce such a concept of “dilution” into the common law tort of passing-off.”

17.3 Are there any significant developments expected in the next year?

See question 17.1 above.

17.4 Are there any general practice or enforcement trends that have become apparent in your jurisdiction over the last year or so?

To tackle the challenges in intellectual property rights (IPR) protection on the Internet, the Hong Kong Customs has been implementing a series of measures, including: (i) the setting up of an Electronic Recordation and Triage Centre (ERTC) to facilitate the recordation clearance procedure; (ii) the establishment of an Electronic Crime Investigation Centre (ECIC) to study IPR crimes so as to formulate viable enforcement strategies; and (iii) the development of new the online tool “SocNet Monitoring System” to enable effective online surveillance against infringing activities on social networking platforms.